25/12/2023
ON SERVICE OF COURT PROCESSES - SUPREME COURT ADOPTS “A NEW POSITION”:
Service of court process by a bailiff on a third party, who eventually gives it to a party to an action constitutes proper “personal service.”
*Akande vs Jegede* (2022) 14 NWLR (Pt.1849) 125 at 162 paras C-H, decided in May 2022.
The Supreme Court of Nigeria held that service of court process by a bailiff on a third party, who eventually gives it to a party to an action constitutes proper “personal service.”
Ruling on this point, their lordships held that:
"Where a party to an action was not personally served by a bailiff of court but receives a process from a third party who had earlier been served with the process by a bailiff, such service by the third party is still deemed to be personal service notwithstanding the absence of personal service from a bailiff. In this case, the non-compliance with the rules of court as to service of originating processes was at the instance and mistake of the court sheriffs when the 3rd respondent’s employee held out to the sheriffs that she was authorized by the 2nd and 4th respondents to accept processes on their behalf. [*Panache Communication Ltd. v. Aikhomu* (1994) 2 NWLR (Pt. 327) 420 referred to.] (P. 162, paras. C-G)."
This decision has overruled the technical position in *Emeka v Okoroafor* (2017) LPELR-41738(SC) where the Supreme Court held that although the defendant was served, served at an address different from the one ordered by the court was invalid.
“service of process on the defendant at No.5 Mbanano Street, Independence Layout, Enugu, instead of Evangel House, Plot R8, Ozubulu Street, Independence Layout, Enugu was invalid.”
